David A. Perlson

 

San Francisco Office
Tel: 415-875-6600
Fax: 415-875-6700
davidperlson@quinnemanuel.com

Practice Areas
Intellectual Property Litigation
Class Action Litigation
Appellate Practice
Entertainment and Media Litigation

Education

 

Northwestern University (J.D., cum laude, 1996)

Journal of Criminal Law and Criminology:

     Associate Articles Editor, 1995-1996

 

University of Wisconsin (B.A., Phi Beta Kappa, 1993)



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Biography

 

Mr. Perlson is an experienced trial and appellate lawyer in intellectual property and commercial litigation.  His practice includes the following substantive areas: patent, trade secret, class action, and anti-trust.

 

Mr. Perlson has substantial experience representing companies in the Internet space.  He has also done significant work representing companies in the gaming and financial industries.  He has been recognized as a Northern California “Rising Star,” in San Francisco Magazine for Intellectual Property Litigation. 

 




Representative Clients

 

In Internet and other technology fields, he has represented Google, YouTube, RealNetworks, Listen.com, AOL, Netscape, Nullsoft, Time-Warner and IBM.

 

In the gaming field, he has represented  Bally Gaming, Mindplay, and Las Vegas Sands Corp.

 

In the financial industry,  he has represented Bancorp Services, MBNA, and Arther Gallagher.




Notable Representations

 

In a jury trial in the Eastern District of Texas, obtained a complete defense verdict of non-infringement and invalidity as to all asserted claims for Google in a patent infringement action brought by Bright Response.   The patent at issue related a method for providing automatic responses to electronic messages.   The plaintiff sought over $120 million in damages.   

 

Represented Google and AOL in a patent infringement action brought in the Eastern District of Texas by Performance Pricing.  The asserted patent related to an e-commerce method for adjusting the price of a product according to a buyer’s performance in a collateral “price determining activity.”  The Court granted Google and AOL’s motion for summary judgment of non-infringement of the accused Internet advertising services as to all asserted claims.  Plaintiff was seeking over $400 million in damages and additional future royalties.

 

Represented Google in a patent infringement action brought by PA Advisors, LLC, in the Eastern District of Texas.  The asserted patent related to personalizing Internet search results.  The Court granted Google’s motion for summary judgment of non-infringement as to all asserted claims.  Plaintiff had sought over $100 million in damages. 

 

Represented RealNetworks in a case brought by Friskit for patent infringement seeking $70 million in damages.  The Court granted RealNetworks' motion for summary judgment of invalidity and invalidated all four asserted patens as obvious. This was one of the first district court decisions to apply the Supreme Court decision in KSR Int’l Co. v. Teleflex Inc. 

 

Represented Google and AOL in a case brought in the Eastern District of Virginia by Bid for Position for patent infringement seeking over $150 million in damages.  After obtaining a favorable claim construction ruling, the Court granted Google and AOL's motion for summary judgment of non-infringement of the defendants' accused Internet advertising services. 

 

Represented Bally Technologies in a case brought by Shuffle Master and International Gaming Technology alleging infringement of patents relating to casino table game monitoring.  The Court granted Bally's motion for summary judgment of non-infringement on one of the patents asserted by Plaintiffs and granted its motion for summary judgment of obviousness on the other patent.  The Court also granted Bally's motion for summary judgment on Plaintiffs' claims of correction of inventorship on a number of Bally's patents. 


Represented Bancorp Services in a suit against The Hartford Insurance company for
stealing trade secrets and breaching a confidentiality agreement. After a two-week trial requiring that we explain sophisticated financial products to jurors, the St. Louis jury deliberated for less than a day and unanimously awarded Bancorp $118 million.

 

Represented AOL, Nullsoft, and Time Warner in a class action alleging contributory and vicarious copyright infringement through file share technology.  After getting Plaintiff to drop class action allegations, obtained a summary judgment ruling of non-infringement.

 

Represented IBM in a class action against claims of breach of warranty and consumer fraud relating to the sale and marketing of allegedly defective hard drives.  Obtained dismissal of complaint in one state and defeated class certification in another before obtaining favorable settlement.